Govt. Of Nct Of Delhi & Ors vs Amit Rana & Ors
2020 Latest Caselaw 3157 Del

#S8
       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                       Judgment Delivered On:20.11.2020

W.P.(C) 10210/2019 & CM APPL. 42095/2019 (Stay)

GOVT. OF NCT OF DELHI & ORS.                                  ..... Petitioners

                             versus

AMIT RANA & ORS.                                             ..... Respondents
Advocates who appeared in this case:
For the Petitioners            :Mrs. Avnish Ahlawat, Standing Counsel along with
                                Mr. N.K. Singh & Ms. Palak Rohmetra, Advocate for
                               GNCTD (Services)
For the Respondents            :Mr. Sachin Chauhan, Advocate

CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH

                             JUDGMENT

SIDDHARTH MRIDUL, J. (Open Court - via Video Conferencing) The present matter has been taken up for hearing by way of

Video Conferencing on account of COVID-19 pandemic.

1. The present writ petition under Article 226 read with 227 of the

Constitution of India, has been instituted on behalf of the petitioners,

praying as follows:-

"(a) That this Hon'ble Court may be pleased to quash and set aside the per-se perverse order dated 25.04.2019 passed by the Learned Central

Administrative Tribunal, Principal Bench New Delhi in O.A. No. 922/2019.

(b) Pass any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2. Ms. Avnish Ahlawat, learned Standing Counsel appearing on

behalf of the petitioners states that, the result in relation to the subject

Physical Education Teacher Post bearing Post Code No. 90/17, had

already been declared and published on the 23.04.2019, which fact has

not been considered by the Hon'ble Central Administration Tribunal,

Principal Bench, New Delhi (hereinafter referred to as the 'Hon'ble

CAT'), whilst rendering the impugned Order dated 25.04.2019, passed

in O.A. No. 922/2019, titled as 'Amit Rana & Ors. vs. Govt. of NCT

of Delhi & Ors.'

3. It is also urged on behalf of the petitioners that, Question No.

135, answer to which is the bone of contention in the present writ

petition, had already been referred to an expert, which circumstance is

refuted by Mr. Sachin Chauhan, learned counsel representing

respondent No. 1-Mr. Amit Rana, prior to the passing of the said

impugned order dated 25.04.2019, which has also not been addressed

in the said impugned order dated 25.04.2019.

4. In this backdrop, Mrs. Avnish Ahlawat, learned Standing

Counsel appearing on behalf of the petitioners, seeks leave to

withdraw this petition, with liberty to approach the Hon'ble CAT, by

way of an appropriate application, seeking review of the impugned

order dated 25.04.2019, subject to the petitioners' instituting the

proposed review, within a period of two weeks from today.

5. Leave and liberty granted.

6. The writ petition is disposed of accordingly. The pending

application also stands disposed of.

8. It is clarified that, we have not expressed any opinion on the

merits of the case.

SIDDHARTH MRIDUL (JUDGE)

TALWANT SINGH (JUDGE) NOVEMBER 20, 2020/dn/rs

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